Project Himalaya's

Acknowledgement of Risk, Waiver and Release for Expeditions

For Nepal, India and Tibet expeditions

Want to book an expedition? It is quite simple.
We run trips to the best of our abilities but without ANY liability, except the
cost price of the trip, and participants can't sue the operator (us), our
contractors or sue each
other. However due to increasing legal absurdities we ask that you read (have a
laugh/cry?) over this. And sign it!

Acknowledgement of Risk

This is adventure travel

Jamie McGuinness of Project Himalaya has done everything possible
within the budget of the trip to ensure that our trips give clients and members
a rewarding and relatively safe experience. However you must acknowledge that
adventure travel, treks, trek-climbs and expeditions are all inherently
dangerous. The same
elements that contribute to the adventure of trekking or climbing such as the
physical exertion or the risk can also cause loss or damage to gear, injury,
illness, or in extreme cases, death.

While travelling, trekking and/or climbing, there are risks to be encountered
which you should be aware of:

Sub-standard vehicles

We travel in
local transport that will not be up to developed country standards. Buses are old and rough, even our hired
transport. The roads are rough and sometimes non-existent. Driving standards are
very different - much worse - than western standards, but vehicles travel at
much lower speeds. In Nepal where possible
we minimize these risks by taking domestic flights. Domestic flights are mostly
in small 16-19 seater twin-engined propeller aircraft with local pilots. The rural airstrips are
rough, rarely flat and have no radar facilities. All flying is visual. There is
an extremely low risk of snapped undercarriages and flying into a mountain in
the clouds. Occasionally
domestic flights are delayed several days by bad weather.

Prepare carefully

While trekking, climbing and camping you should carry adequate water, sun
protection and clothing appropriate to the conditions. We provide equipment
lists and will answer any questions about gear that you may have prior and on the trail and mountain.

Rough walking trails

While trekking you will be traversing rugged terrain: high mountain
passes, snow and ice, exposed and rough trails, routes threatened by avalanches
and landslides and crossing streams and rivers by rough bridges or slippery
rocks. There are risks of falling, rock fall, landslides, collapsing bridges and
exposure. The trails we use are mostly unmaintained.

Mountaineering is dangerous

Climbing mountains is inherently dangerous.
There are unavoidable risks of avalanche, rock fall, serac and icefall
collapses, climbing protection failing, falling in crevasses, falling,
hypothermia and extreme weather conditions. You may be climbing on ropes that
are old with strength degraded, ropes that have been fixed by amateurs, ropes
and protection that may have been placed incorrectly according to best practice.
You may be crossing hidden or open crevasses without protection. Exercise your own judgment.

Dangerous animals & plants

There are also dangerous animals, dangerous plants, and dangerous insects.
Any wild and domestic animal you encounter can be dangerous, including the yaks,
yak crossbreeds
and horses that carry our bags on some treks. Nepal and India have dangerous bears,
tigers, leopards and other animals however the risk of an incident is extremely
low, for example bears are rarely encountered, unlike in the USA. There are a variety of bees and wasps. Hornets are rare but aggressive and multiple stings are life-threatening.

Hygiene

Water should be purified or treated before drinking. This includes ALL tap
water in cities, towns and villages, and all stream water. On glaciers and with
snow melt we will advise. Cleaning your hands before eating and after toilet
functions is critical in maintaining good health.

Altitude sickness

You will travel, trek and/or climb to extreme altitudes. Altitude sickness
(Acute Mountain Sickness: AMS) is a significant risk. Altitude sickness occurs
when your body cannot properly adapt to the lower amounts of oxygen found in the
air at high and extreme altitudes. Acclimatization is the process by which the
body adapts. Most people suffer some form of mild altitude sickness and most
people can acclimatize to high altitudes, but not everyone. The key is to ascent
slowly, over a period of days and to drink plenty of water. Altitude sickness can develop into High Altitude
Pulmonary Edema (HAPE) and High Altitude Cerebral Edema (HACE), which can be
fatal if not treated quickly. Treatment is rapid descent to a lower altitude.

Traveling, trekking and climbing at high (above 2400m) and extreme altitudes
carries numerous risks not yet fully understood. It does affect men's fertility
for a period of at least several months, making them less fertile or infertile.
It does thicken the blood increasing the risk of blood clots, even if you stay
fully hydrated. The lower levels of oxygen in the bloodstream do affect the
brain, heart and other organs in ways not yet understood.

Hospital facilities are basic

While travelling, trekking and climbing you
may be days from any medical facility. In an emergency situation western-standard hospital care is often not available. Helicopter
evacuation is available in Nepal; in India it is at the army's discretion. The helicopter will not take off until payment for services is arranged.
Helicopter evacuation is unavailable in Tibet.

Leader's decisions are final

Decisions made by the leader and participants (team members/clients) in a
wildness and mountaineering setting are based on a variety of factors, perceptions and evaluations
which by their nature are imprecise and subject to errors in judgment.
Throughout the tour participants are responsible for their own safety and must
show consideration for the safety of other members of their group.

This list is not an exhaustive list of possible injuries, or accidents that
may occur while traveling, trekking or climbing. Most of these injuries are rare
and you are not likely to encounter them, however they have occurred and you
must be aware of the risks.

Waiver, Release and Indemnification

I certify that I am fully capable of participating in a travel, trekking or
trek-climb program. I state that I have read the above statement on some of the
possible risks.

** Therefore, I assume full responsibility for myself for bodily
injury, death and loss of personal property and any expenses as a result of my
negligence, or the negligence of The Organizers. **

I also understand that The
Organizers reserves the right to refuse any person it judges to be incapable of
meeting the rigors and requirements of participating in travel, trekking or
trek-climbs. I are in good physical condition and able to undertake this
trekking.

I certify that to my knowledge I do not have any medical condition that would
prevent my participation in this travel, trekking or trek-climb. I hereby give
permission for transportation to any medical facility or hospital and I
authorize any guide or medical personnel to render emergency medical care for
myself.

I and my heirs agree to indemnify and hold harmless The Organizers and other
participants, from all claims, damages, losses, injuries and expenses arising
out of or resulting from my participation in these activities. I further agree
to release, acquit and covenant not to sue The Organizers and/or other
participants for all actions, causes of action, claims or damages, of whatever
kind, including the negligence of The Organizers and/or other participants,
arising out of participation in this program. In short, I cannot prosecute or
sue The Organizers and/or other participants, and if I do, I cannot collect any
money.

I agree to the site of any lawsuit and the law governing any such lawsuit
shall be Nepal and governed by Nepalese law. The terms of this agreement shall
continue and be in effect after the trip has ended.

I agree that if The Organizers are forced to defend any action, lawsuit or
litigation by myself, my executors, or my heirs, on my family's or my behalf, my
heirs or executors and I agree to pay The Organizers all costs and legal fees if
they successfully defend such action, lawsuit or litigation.

This is a legal document. Please read and understand this document before signing.